or any other human rights instrument ratified by the Respondent State. 6 In
the instant matter the Applicant alleges violations of Articles 3 and 7 of the
Charter which is an instrument that the Respondent State has ratified and
which the Court has the power to interpret and apply in accordance with
Article 3(1) of the Protocol.
27. Specifically with regard to the objection about the Court exercising criminal
appellate jurisdiction, the Court recalls its established jurisprudence that it
is not an appellate body with respect to decisions of national courts. 7
However, “this does not preclude it from examining relevant proceedings in
the national courts in order to determine whether they are in accordance
with the standards set out in the Charter or any other human rights
instruments ratified by the State concerned”.8 The Court would, therefore,
not be sitting as an appellate court if it were to consider the Applicant’s
allegations in the present Application.
28. The Court further notes that the Respondent State’s objection concerns the
claim that the Court lacks jurisdiction to quash the conviction and sentence
imposed on the Applicant and to order his release from prison. In this regard,
the Court recalls Article 27(1) of the Protocol which provides that “[if the
Court finds that there has been violation of a human or peoples’ right, it shall
make appropriate orders to remedy the violation, including the payment of
fair compensation or reparation.” Therefore, the Court has jurisdiction to
grant different types of reparations, including an order to annul a conviction
and sentence and, to order the release of an Applicant from prison, provided
that the alleged violation has been established.9
6 Diocles William v. United Republic of Tanzania (merits and reparations) (21 September 2018) 2 AfCLR
426, § 28; Armand Guéhi v. United Republic of Tanzania (merits and reparations) (7 December 2018)
2 AfCLR 477, § 33; Elisamehe v. Tanzania, ibid, § 18.
7 Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, § 14.
8 Kenedy Ivan v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR 48, §
26; Guéhi v. Tanzania, supra, § 33.
9 Rajabu Yusuph v. United Republic of Tanzania, ACtHPR, Application No. 036/2017, Ruling of 24 March
2022, § 27.
7